Texas-Book-Gun Law Armed And Educated - Flipbook - Page 282
So, given that a 30.06 sign prohibits concealed carry by a license
holder, and a 30.07 sign prohibits open carry by a license holder, a
private property owner who wants to prohibit both concealed and
open carry of handguns by license holders will need to post both a
30.06 sign and a 30.07 sign.
What if I did not see the 30.06 or 30.07 sign?
A very common question about 30.06 and 30.07 signs for LTC
holders is, “what if I did not see the 30.06 or 30.07 sign—am I
breaking the law if I have my handgun?” In short, an LTC holder
who possesses a handgun and does not see a posted 30.06 or 30.07
sign at a place where they are caught carrying may still be charged
with the crime of criminal trespass. However, the LTC holder will
also have the opportunity to present an argument establishing that he
or she did not see the sign, and, therefore, did not receive effective
legal notice that the possession of a handgun was prohibited.
The critical element of Texas Penal Code Sections 30.06 and 30.07
is that the signs provide effective “notice” to an LTC holder that the
carrying of a concealed or unconcealed handgun is prohibited as
applicable. A person who does not see the sign because it was not
visible, because the sign was placed in a location where a person
would not ordinarily see it, or for any other reason, will have an
opportunity to convince a jury that he or she did not receive the notice
required under the law. It is important to keep in mind, however,
that the purpose of the law is to provide notice, and such notice can
be received in three different ways, as discussed earlier. Because
an oral admonition is sufficient to provide notice (without any of
the required language for written notice), it is possible that failing
to see a posted sign may not be enough of an argument to prevail.
See Tex. Penal Code §§ 30.06 and 30.07.
Law Of Handgun Carry: Part II | 271
